Legal Question in Family Law in Maryland

The parents of my daughter's boyfriend , who is 16 years old, are going through a divorce. He has been living with us for the past 8 months and was told he could choose what he wants in regards to custody. He told his parents he wants to be emanicpated and stay with us. He was visiting one or both parents almost every weekend. The divorce seems to be taking a spiteful turn lately. His mom stopped in this afternoon saying that she doesn't care if he stays with us and he should do what makes him happy and that she just told the court that he doesn't live with his dad. Then tonight his dad called and said he needs to pack up and come home tomorrow evening. At this age and in this situation, does he have the legal right to stay with us? His grades have always been okay and have been better since he has been with us. Any advice would be appreciated.


Asked on 5/16/12, 6:33 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your question didn't indicate whether the father currently has a legal custody order pursuant to the pending divorce. If not, the young man can choose to stay with you. The law defines a "lawful custodian" as pertaining to children under 16. If there is an existing custody order, he can file for emancipation.

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Answered on 5/17/12, 9:01 am


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